Opinion
December 21, 1990
Appeal from the Supreme Court, Erie County, McGowan, J.
Present — Denman, J.P., Boomer, Pine, Balio and Davis, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner's argument that respondent's determination to revoke his parole is not supported by substantial evidence was not asserted in his "petition" or in his attorney's affidavit in support of that "petition". The issue is raised for the first time in petitioner's brief and therefore is not before us (see, Matter of Williams v. Kelly, 132 A.D.2d 948; Matter of Belgrave v. Ward, 72 A.D.2d 898). We find, nonetheless, that respondent's determination is supported by a preponderance of the evidence (see, Executive Law § 259-i [f] [viii]; People ex rel. Saafir v. Mantello, 163 A.D.2d 824).